Service charge for no upkeep

km1500

it's not the other residents but the management committee i.e those residents who are on the committee

 if there are none then you should create a committee as soon as you can to manage the maintenance

you will need a chairman and a treasure at minimum

there must already be at treasure unless nobody has access to the bank accounts

Jonboy_1984

Does the management company have a liability insurance policy in place? If so then ask for the policy details as your home insurance company may wish to counter claim for their costs in your flooding incident.

Even if you ultimately don’t claim an early request for details just in case might stimulate some proper discussion. 

lottylostitch

Thank you 

eddddy

Jonboy_1984 said:

Does the management company have a liability insurance policy in place? If so then ask for the policy details as your home insurance company may wish to counter claim for their costs in your flooding incident.

Even if you ultimately don’t claim an early request for details just in case might stimulate some proper discussion. 

The OP (Or their insurer) would have to show that the management company were negligent. 

For example,

• the management company knew that the drains were blocked,
• a reasonable person would have foreseen the possibility of flooding, and 
• the management company hadn't taken reasonable steps in a reasonable timescale to fix the drains or prevent the flooding, etc

The claim would then be against the management company - and the management company could choose whether to involve their insurers (if they have insurance).


Depending on the value of the OP's claim (and how much evidence the OP has of negligence), the OP's insurers might not want to risk the legal costs of that kind of fight. I suspect that the management company's insurers would vigorously defend a claim like that.